3250-99-R Communications, Energy and Paperworkers Union of Canada, Applicant v. Bartley Services A Division of Union Energy, Responding Party.
BEFORE: Russell Goodfellow, Vice‑Chair, and Board Members J. A. Rundle and
D. A. Patterson.
DECISION OF THE BOARD; February 7, 2000
[1]. This is an application for certification.
[2]. The Board finds that the applicant is a trade union within the meaning of section 1(1) of the Labour Relations Act, 1995.
[3]. It appears to the Board on an examination of only the information provided in the application and the information and membership evidence filed by the applicant (see section 8(3) of the Act), that not less than forty per cent of the individuals in the bargaining unit proposed in the application for certification were members of the union at the time the application was made.
[4]. The Board directs that a representation vote be taken of the individuals in the following voting constituency:
all employees of Bartley Services, A Division of Union Energy in The Counties of Oxford, Perth, Huron, Middlesex, Bruce, and Elgin (including Electricians, Plumbers, Refrigeration Mechanics, Sheet Metal Workers, Labourers, Apprentices) in all sectors save and except supervisors, those above the rank of supervisor, office, clerical and sales staff.
Clarity Note:
For purposes of clarity, this includes employees working out of locations in both Woodstock and London.
[5]. The vote will be held on February 11, 2000. Other vote arrangements will be as determined by the Registrar and set out on the attached "Notice of Vote and of Hearing".
[6]. All individuals who had an employment relationship with the responding party in the voting constituency on February 4, 2000, the certification application filing date, will be eligible to vote. Employees having an employment relationship on February 4, 2000, the certification application filing date, include employees who were not at work on that date, so long as there is a reasonable expectation of their return to employment.
[7]. There may be a dispute between the parties as to whether the application properly falls within the construction industry provisions of the Act. That issue can be addressed following the vote. However, any employees who fall within the voting constituency set out in paragraph 4 above who are not in the bargaining unit proposed in the application for certification shall be entitled to vote but their ballots shall be segregated and not counted until the Board orders or the parties agree. There may also be a dispute as to whether “sales persons” should be included in the bargaining unit. Any individual who may be affected by such a dispute shall be entitled to vote but his or her ballot shall be segregated and not counted until the Board orders or the parties agree. The responding party has also given notice under section 8.1 of the Act. However, the notice would not appear to be numerically relevant and the responding party has agreed to a counting of the ballots.
[8]. Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
[9]. The responding party is directed to post copies of this decision and of the "Notice of Vote and of Hearing" adjacent to each of the posted copies of the "Notice to Employees of Application for Certification". These copies must remain posted for 30 days.
[10]. Any party or person who wishes to make representations to the Board about any issue remaining in dispute which relates to the application for certification, other than status disputes, including any matters relating to the representation vote, must file a detailed statement of representations with the Board and deliver it to the other parties, so that it is received by the Board within five days (excluding Saturdays, Sundays and holidays on which the Board is closed) of the date on which the vote is taken. Representations with respect to any status dispute must be made in accordance with the directions provided in Information Bulletin No. 4: Status Disputes in Certification Applications (Non-Construction).
[11]. The matter is referred to the Registrar.
“Russell Goodfellow”
for the Board